The U.S. Substance Abuse and Mental Health Services Administration (SAMHSA) recently published a proposed rule which would amend the Confidentiality of Alcohol and Drug Abuse Patient Records regulations, found in 42 C.F.R. Part 2. The confidentiality provisions were promulgated in 1975, and last amended substantively in 1987, prior to new models of integrated care built… Continue Reading

Many thanks to our colleague Robin Canowitz for assisting us in drafting this post. The U.S. Department of Health & Human Services (“HHS”) issued new guidance regarding the HIPAA Privacy Rule and its relationship to mental health information disclosures (“Guidance”). The Guidance addresses when providers may appropriately share the protected health information (“PHI”) of their mental health… Continue Reading

The Health Information Technology for Economic and Clinical Health Act (“HITECH”) made available an estimated $27 billion in federal incentive payments to medical professionals and hospitals when they adopt certified Electronic Health Records (“EHRs”) and demonstrate meaningful use of the EHRs. Eligible Professionals (“EPs”) can receive as much as $44,000 through Medicare, or as much… Continue Reading